MOHINSAB Vs. REHAMAT BEE

JUDGEMENT

(1.) The matter is listed for preliminary hearing no notice is issued to respondents since the appellant herein who was the plaintiff in O.S.No.267/2006 being aggrieved by the dismissal of suit has filed RA No.1/2014.

(2.) In the said suit second defendant having expired, I.A.No.IV under Order 22 Rule 4 of Code of Civil Procedure was filed to bring the legal representatives and said application was not disposed of. In the appeal applications to bring the legal representatives of deceased respondent No.2 (second defendant) along with applications for setting aside abatement and to condone the delay of 03 years 45 days in filing the said applications came to be filed. Even before issuance of notice to the proposed legal representatives of respondent No.2 I.A.No.VII filed under Section 5 of the Limitation Act was taken up and dismissed by the order under challenge.

(3.) Order of the trial Court would disclose there was no resistance to the said application (vide Paragraph 9 of the order under challenge). In that view of the matter notice to respondents stand dispensed with.